CABO VERDE Law and Practice Contributed by: Nelson Raposo Bernardo, Joana Andrade Correia, Manuel Esteves de Albuquerque and Júlio Martins Júnior, Raposo Bernardo & Associados
8. Data Protection 8.1 Applicable Regulations
8.2 Geographical Scope Law 133/V/2001, of 22 January, applies in an interna - tional context where there are any international trea - ties in place. 8.3 Role and Authority of the Data Protection Agency The competent authority is the Comissão Nacional de Protecção de Dados (the National Commission of Data Protection, or CNPD), which is an independ - ent administrative entity that exercises its authority throughout the national territory. Generally, the CNPD is the national authority endowed with the power to supervise and monitor compliance with the laws and regulations in the area of personal data protection, with strict respect for human rights and the fundamental freedoms and guarantees enshrined in the Constitution and the law. 9. Looking Forward 9.1 Upcoming Legal Reforms Some reforms are expected in relation to the Recovery of Business and Insolvency Code.
In Cabo Verde, the personal data protection legislation currently in force is the Constitution of the Republic of Cabo Verde and Law 133/V/2001, of 22 January. The Constitution establishes that all citizens shall be guaranteed the right to personal identity, the devel - opment of personality and civil capacity, which may only be limited by a judicial decision and in the cases and terms established in the law, and that all citizens shall have the right of access to computerised data that affects them and for the same to be rectified and updated, as well as the right to be informed about the purposes of the data, in the terms of the law. The Constitution also grants the right of habeas data to ensure knowledge of the information contained in files, computer archives and registers that affects sub - jects, and to be informed about the purposes of the data and for the same to be rectified or updated. Law 133/V/2001, of 22 January, establishes the gen - eral legal framework for the protection of individu - als with regard to the processing of personal data. It applies to the processing of personal data wholly or partly by automated means, and to the process - ing of personal data other than by automated means contained in manual files or part of manual files. The law shall also apply to the processing of personal data carried out: • in the context of the activities of an establishment of the controller situated within the national terri - tory; • outside the national territory in places where the Cabo Verdean law applies by virtue of international public law; and • by a controller who is not established on the national territory, who, for purposes of processing personal data, makes use of automated or other types of equipment situated in the national terri - tory, except where such equipment is used only for purposes of transit.
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